HomeMy WebLinkAbout09958 ORD - 10/14/1970ejW:10/7/70
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN
FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND
DESCRIBED AS A 2.27 ACRE PORTION OUT OF TRACT 6,
WESTBROOK HEIGHTS ANNEX, MORE PARTICULARLY
DESCRIBED HEREINAFTER, SAID PARCEL BEING NECESSARY
FOR THE GREENWAY WATER LINE CONSTRUCTION, PROJECT
NO. 202 -68 -29.1, AND FOR OTHER MUNICIPAL PURPOSES;
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS,
BURLEY FELLOWS AND WIFE, SHIRLEY FELLOWS; AND DECLAR-
ING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS
FOLLOWS: PARCEL NO. 17
BEING A 2.27 ACRE TRACT OF LAND OUT OF THAT CERTAIN
35.0 ACRE TRACT OF LAND CONVEYED TO BURLEY FELLOWS
AND WIFE, SHIRLEY FELLOWS, MARCH 14, 1g61, BY HENRY
P. KNOLLE AND FILED IN THE OFFICE OF THE COUNTY
CLERK, NUECES COUNTY, TEXAS IN FILE No. 572164, SAME
BEING OUT OF TRACT 6, WESTBROOK HEIGHTS ANNEX AS
SHOWN BY MAP OF RECORD IN VOLUME 30, PAGE 10, MAP
RECORDS NUECES COUNTY, TEXAS, SAID 2.27 ACRE TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID 35.0
ACRE TRACT OF LAND FOR THE MOST NORTHERLY AND BEGIN-
NING CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 54° 471 E., WITH THE NORTHEAST BOUNDARY OF
SAID 35.0 ACRE TRACT, A DISTANCE OF 427.0 FEET TO A
POINT IN THE WEST RIGHT -OF -WAY LINE OF THE ST. LOUIS,
BROWNSVILLE, AND MEXICO RAILROAD COMPANY FOR THE MOST
EASTERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A SOUTHERLY DIRECTION, WITH THE WEST RIGHT -
OF -WAY LINE OF SAID RAILROAD, WITH THE ARC OF A CURVE
TO THE RIGHT WHOSE CENTRAL ANGLE IS 4° 51' 08' AND
WHOSE RADIUS IS 2814.93 FEET, A DISTANCE OF 238.39 FEET
TO A POINT FOR THE MOST SOUTHERLY CORNER OF THIS TRACT;
THENCE N. 54° 47' W., A DISTANCE OF 554.30 FEET TO A
POINT IN THE NORTHWEST BOUNDARY LINE OF SAID 35.0 ACRE
TRACT, FOR THE MOST WESTERLY CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE N. 34° 331 E., WITH THE NORTHWEST BOUNDARY LINE
OF SAID 35.0 ACRE TRACT, A DISTANCE OF 200.0 FEET TO THE
POINT OF BEGINNING;
CONTAINING 2.27 ACRES OF LAND MORE OR LESS.
IN
0 0
WHEREAS, THE SAID GREENWAY WATER LINE CONSTRUCTION, PROJECT
No. 202 -68 -29.1, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO
THE AFORESAID PARCEL OR TRACT OF LAND; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: BURLEY F. FELLOWS, AND WIFE, SHIRLEY FELLOWS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS AS TO THE PRICE AND
VALUE OF SAID LOT OR PARCEL OF LAND AND DAMAGES FOR THE TAKING THEREOF BY
THE CITY; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECES-
SARY THAT SAID LOT OR PARCEL OF LAND DESCRIBED BE ACQUIRED IN FEE TITLE
THROUGH THE EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN FOR SAID PUBLIC
PURPOSE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. IN ACCORDANCE WITH THE CITY CHARTER AND THE LAWS OF
THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DOES
HEREBY ORDER, DIRECT, AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE
INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE OF THE ABOVE
DESCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTEREST, FOR USE BY THE
CITY FOR THE GREENWAY WATER LINE CONSTRUCTION, MAINTENANCE AND OPERATION,
AND FOR OTHER MUNICIPAL PURPOSES, WITHIN THE CITY LIMITS, AND TO CONDEMN
THE FEE TITLE TO THE AFORESAID PARCEL OR TRACT OF LAND, EXCLUDING MINERAL
INTEREST.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID
PROPERTY, AND AGAINST ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN,
AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS FINAL CONCLUSION AND TO
OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE IN THE GREENWAY WATER
LINE CONSTRUCTION, MAINTENANCE AND OPERATION, AND FOR OTHER MUNICIPAL
PURPOSES.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OF
-2-
LAND, HEREINABOVE DESCRIBED FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION
OF THE AFORESAID WATER LINE AND FOR OTHER MUNICIPAL PURPOSES, WITHIN THE
CITY LIMITS AS ABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY
AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER
RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT
THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED
THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THE SUSPENSION
OF SUCH CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE
OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM
AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THEY--�>,/
DAY OF OCTOBER, 1970.
ATTEST:
CITY $EGRET Y ,�r'� R
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
47DAY OF OCTO , 1970:
r.
C Y ATTORNEY'
Corpus Christi, Texas
LAS day of , 19%
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
4Y!OR�
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
i
Eduardo E. de Ases
Ken McDaniel
K
W. J. "Wrangler" Roberts
Ronnie Sizemore
i
The above ordinance was passed by the foL.L.g vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. L
Eduardo E. de Ases C /
i
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore